This Monday, the administrative court suspended this measure in three shopping centers of more than 20,000m2: Carrefour Lingostière, Carrefour Antibes and Cap 3000 in Saint-Laurent-du-Var. Two other centers had taken legal action last Friday: Carrefour TNL and Auchan La Trinité. But these two withdrew from the summary proceedings. Géant Casino Mandelieu, sixth Riviera juggernaut subject to the obligation of a pass, was suspended a week ago.
Carrefour Lingostière, Carrefour Antibes and Cap 3000 won in turn. To do this, they rebounded on a government decision taken on September 8: the health pass is no longer mandatory in shopping centers of more than 20,000m2, since the incidence rate of the department is less than 200 for 100,000 inhabitants. However, this is now the case in the Alpes-Maritimes, observes the court: 187.1 on September 8, 179.8 on 9 …
“This measure is no longer necessary, appropriate and proportionate”
Since then, “The intensity of the circulation of this virus no longer appears to be such as to justify the maintenance of the obligation of the health pass” in the three shopping centers concerned, considers the court. “This measure is clearly no longer necessary, adapted and proportionate to the objective of constitutional value of protection of health.”
We understand better, therefore, the eagerness of the centers concerned to announce the end of the pass on Tuesday. Even Carrefour TNL, yet withdrawn from the summary proceedings, now indicates on its site: “Your store remains open without a health pass, but always in compliance with barrier gestures.” Auchan La Trinité preferred to wait for the end of the decree taken on August 31. It’s just a matter of hours.